HomeMy WebLinkAboutAgenda Report - December 2, 2020 C-13c-13
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to
Professional Services Agreement with KONE, Inc., of Sacramento, for Monthly
Inspection and Maintenance Services of Elevators in City Facilities
MEETING DATE: December 2, 2020
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment
No.1 to Professional Services Agreement with KONE, Inc., of
Sacramento, for monthly inspection and maintenance services of
elevators in City facilities.
BACKGROUND INFORMATION: The City executed a Professional Service Agreement with KONE, Inc.,
of Sacramento, on February 2, 2020, in an amount not to exceed
$75,000. The agreement provides ongoing elevator services for
both regularly scheduled maintenance and on -demand repair services on 11 elevators located at City Hall,
Carnegie Forum, Police Facility, Lodi Station Parking Structure, City Hall Annex, and Hutchins Street
Square. These 11 elevators represent all elevators in City -owned facilities. Annual elevator inspections
performed separately by the State of California are not covered under the service contract and will incur a
separate charge levied by the State.
KONE, Inc. has been providing satisfactory service during the term of the agreement. The current
agreement is set to expire December 31, 2020. The agreement includes the option to extend the
agreement for two, one-year terms.
Amendment No. 1, if approved, will amend the current fee schedule and extend the term of the agreement
through December 31, 2021. Staff does not anticipate the need to add funds at this time.
Staff recommends authorizing City Manager to execute Amendment No.1 to Professional Services
Agreement with KONE, Inc., of Sacramento, for monthly inspection and maintenance services of elevators
in City facilities.
FISCAL IMPACT: This work is required by the State of California to legally operate City -owned
elevators. It is estimated that 90 percent of the contract work will be funded
by the General Fund, with the remaining costs associated with the Lodi
Station Parking Structure funded by the Transit Division.
APPROVED:
r, City Manager
K:\WP\C0UNCIL\2020\CK0NE PSA Amendment 01.doc 11/12/2020
Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to the Professional Services Agreement with KONE, Inc„ of Sacramento, for Monthly Inspection
and Maintenance Services of Elevators in City Facllitles
December 2, 2020
Page 2
FUNDING AVAILABLE Funds for elevator services will be funded by Facilities Services Operating
(10051000), Transit Operations (60054105) and Hutchins Street Square
Operating (20071402).
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
Charles E. Swimley, Jr.
Public Works Director
Prepared by Lyman Chang, City Engineer/Deputy Public Works Director
CES/LC/tdb
Attachment
Cc Management Analyst — Public Works
Facilities Superintendent
Transportation Manager
K:\WP\C0UNCU2019\CK0NE PSA.doc 11/12/2020
AMENDMENT NO. 1
KONE, INC.
PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made and
entered this day of , 2020, by and between the CITY OF LODI, a municipal
corporation (hereinafter "CITY"), and KONE, INC., a Delaware corporation, qualified to do business in
California (hereinafter "CONTRACTOR"),
WITNESSETH.
1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on
February 4, 2020 (the "Agreement"), as set forth in Exhibit 1, attached hereto and made part
of; and
2. WHEREAS, CITY now requests to amend the Fee Schedule, as set forth in Exhibit 2, attached
hereto and made part of; and
3. WHEREAS, CITY requested to extend the term of the Agreement through December 31,
2021; and
4. WHEREAS, CONTRACTOR agrees to the amendment set forth above.
NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other
terms and conditions of the Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on
the date and year first above written.
CITY OF LODI, a municipal corporation KONE, INC., a Delaware corporation
hereinabove called "CITY" hereinabove called "CONTRACTOR"
STEPHEN SCHWABAUER
City Manager
Attest:
JENNIFER CUSMIR, City Clerk
Approved as to Form:
JOE KANG
Assistant General Counsel
JANICE D. MAGDICH, City Attorney
jdm
Dedicated to People Flow"
October 20, 2020
City of Lodi
Various Lodi, California Locations
REFERENCE:
EFFECTIVE DATE:
KONE
Sacramento
10151 Croydon Way, Suite 2
Phone: 916-719.0305
cc n nor.b o ckus0k one.eon i
AGREEMENT FOR PROFESSIONAL SERVICES — KONE Elovator s ervlces price adluRtmn nt
2021 January 1■l,2021
Exhibit 2
Effective Jan 1, 2021, Kone will Implement a 3.55% price Increase for services rendered undo tho existing Elevator Maintenance
Agreement. City of LodI will be axe rcIaIng It's contractual aptlon to extend the existing Elevator McInto nonee Agreement through
December 31 2021. The new monthly price for services under this agreement shall be $1,524,24, All other terms and conditlona of the
agreement will remain unchanged.
Agreed:
City of Lodi
(Signature of Authorized Repreaentetive) -- --
(Print Name)
Title
Date
Signature: -��� &zzd2h
.,,.,v I7, o: o I7:34 PST] "
Email: jmagdich@lodi.gov '
Respectfully submitted,
ConnorBeckus
KONE Inc.
(Approved by) Authorized Representative
Title
Date
Exhibit 1
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on , 20 r' , by and between
the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and KONE, Inc., a
Delaware corporation, qualified to do business in California (hereinafter
"CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for Monthly
Inspection and Maintenance Services of Elevators in City Facilities (hereinafter "Project")
as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR
acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Worst
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
1
remain in contact with reviewing agencies and make all efforts to review and return all
comments,
Section 2.3 Meetip(ts
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staff na
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on January 1, 2020 and terminates
upon the completion of the Scope of Services or on December 31, 2020, whichever
occurs first.
Section 2.7 Option to Extend 'Perm of Agreement
At its option, City may extend the terms of this Agreement for an additional two
(2) one (1) -year extension; provided, City gives Contractor no less than thirty (30) days
written notice of its intent prior to expiration of the existing term. In the event City
exercises any option under this paragraph, all other terms and conditions of this
Agreement continue and remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under
this paragraph, shall not exceed three (3) years.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference,
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Prevallina Wage
The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division
2 of the Labor Code. The Contractor and any Subcontractor will pay the general
prevailing wage rate and other employer payments for health and welfare, pension,
vacation, travel time, and subsistence pay, apprenticeship or other training programs.
The responsibility for compliance with these Labor Code requirements is on the prime
contractor.
Section 3.3 Contractor Registration —Labor Code §17255.5
No contractor or subcontractor may be awarded a contract for public work on a
public works project (awarded on or after April 1, 2015) unless registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations,
Section 3.4 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.5 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
3
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.6 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY,•or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and ResponsibRity for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), for services to be performed under this
Agreement, provided that any such claim, damage, loss, or expense is caused by the
negligent acts, errors or omisslons of CONTRACTOR, any subcontractor employed
4
directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or
anyone for whose acts they may be liable, except those injuries or damages arising out
of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its
elected and appointed officials, directors, officers, employees and volunteers. CITY
may, at its election, conduct the defense or participate in the defense of any claim
related in any way to this indemnification, If CITY chooses at its own election to conduct
its own defense, participate in its own defense, or obtain independent legal counsel in
defense of any claim related to this indemnification, CONTRACTOR shall pay all of the
costs related thereto, including without limitation reasonable attorney fees and costs.
The defense and indemnification obligations required by this Agreement are undertaken
in addition to, and shall not in any way be limited by the insurance obligations set forth
herein. In no event shall either party be liable to the other party for any consequential,
special, punitive, exemplary, incidental, or indirect damages (including, but not limited to,
loss of profits or revenue, loss of goodwill, loss of use, increase in financing costs)
(collectively, "Consequential Damages") that arise out of or relate to the Agreement.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Resoorisibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.9 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
W1
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Lyman Chang
To CONTRACTOR: KONE, Inc.
10151 CRoydon Way, Suite 2
Sacramento, CA 95827
Attn: Connor Backus
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least thirty (30) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential' or
6
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR, CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurlsdiction, Severability. and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Inte ration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
VA
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Docufnents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
Section 4.22 Safety
City will provide a safe workplace for Contractor personnel and safe access to
the equipment, property and machine room areas and keep all machine rooms and pit
areas free from water, stored materials and debris; remove and dispose of any
hazardous materials, water or waste according to applicable laws and regulations; post
any and all instructions and warnings related to the use of the equipment. City will be
solely responsible for proper use, for supervising the use of the equipment, and for
taking such steps including but not limited to providing attendant personnel, warning
signs and other controls necessary to ensure the safety of the user or safe operation of
the equipment.
Notwithstanding anything to the contrary in this Agreement, if in Contractor's sole
judgment the equipment presents a safety hazard to the riding public or Contractor's
technicians (including but not limited to City's act of creating or allowing unsafe practices
or conditions or City's failure to authorize necessary repairs or upgrades), Contractor
a
may Immediately terminate this Agreement In its entirety upon written notice. To the
extent that Contractor provides City with any oral or written account, report, information,
or other statement identifying a safety issue with the equipment that is the subject of the
Agreement or otherwise makes any recommendation or proposal to make a safety
improvement or to address a safety issue related to such equipment, and City does not
immediately approve Contractor's proposal or recommendation, City agrees to
indemnify, defend, and hold Contractor harmless for any claims arising out of City's
failure to comply with Contractor's recommendations and proposals, and any obligation
on the part of Contractor to indemnify or defend City with regard to such claim shall be
null and void.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
CITY OF LODI, a municipal corporation
ATTEST:
AM
S EN SCH Ui=R
Gky GISF !Q li%. rr ll 5 City Manager
Ci - y Clea
APPROVED AS TO FORM: KONE, Inc,, a Delaware corporation
JANICE D. MAGDICH, City Attorney
14
B
r Name:loe ag
Title: A -ss ;eneral Counsel Uppy 9804104
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source:
(Business Unit & Account No.)
Doc ID:K:IWPIPR0JECTSIPSA's1201 GWONE Elevator Maint PSA.doc
CA:Rev.01.2015
9
Exhibit A/B
Dedicated to People Flow"
KONE Inc. Proposal to Supply Elevator, Escalator, Moving Walkway Maintenance, Repair, Modernization and
Related, Products, Services and Solutions under the U.S. Communities Program
Location &
Address
Parking
Structure, Pine
St. 2 N
Sacramento
Parking
Structure, Pine
St. 2 N
Sacramento
City Hall
221 W. Pine St
Type of
Equipment
MCE H1000
Hydraulic
Passenger#1
State #125859
MCE H1000
Hydraulic 3 stop
Passenger#2
State #125863
ECI H9000
Hydraulic 4 stop
Passenger#1
State # 105226
I
Camegie ESCO C88-9808
Forum Hydraulic 3 stop
305 W. Pine St. Passenger #1
Public Safety Dover Fleetwood
Building Hydraulic 3 stop
230 W. Elm St. Passenger #1
45743
Police Main
Lobby
Thyssenkrupp
215 W. Elm St
Tac 20 Hydraulic
2 stop
Main lobby
Police West
Thyssenkrupp
Lobby
Tac 20 Hydraulic
215 W. Elm St
2 stop
West lobby
)POSED UNITS i
Type of Service
Complete
Maintenance
Complete
Maintenance
Complete
Maintenance
Complete
Maintenance
Complete
Maintenance
Complete
Maintenance
Complete
Maintenance
L EQUIPMENT PF
Service Call
Coverage
Straight time
Coverage
Straight time
Coverage
Straight time
Coverage
Straight time
Coverage
Straight time
Coverage
Straight time
Coverage
Straight time
Coverage
ICING:
Testing
Annual Hydraulic
Test
Annual Hydraulic
Test
Annual Hydraulic
Test
Pricing
$160/month
$160/month
$160/month
Annual Hydraulic $160/month
Test
Annual Hydraulic
Test
Annual Hydraulic
Test
Annual Hydraulic
Test
$160/month
$160/month
$160/month
Police Jail Thyssenkrupp
216 W. Elm St Tac 20 Hydraulic
2 stop
Jail
Hutchins Street
Square, 125 S.
Hutchins Street
Main lobby
Hutchins Street
Square, 126 S.
Hutchins Street
Theater
Hutchins Street
Square, 125 S.
Hutchins Street
Senior Center
US Elev. 200
Hydraulic
2 Stop
Main lobby
Dover DMC -I
Hydraulic
2 Stop
Theater
Dover WRC
Hydraulic
2 stop
Senior Center
Complete
Straight time
Annual Hydraulic
$160/month
Maintenance
Coverage
Test
Complete
Straight time
Annual Hydraulic
$160/month
Maintenance
Coverage
Test
Annual Hydraulic
$160/month
Complete
Straight time
Maintenance
Coverage
Test
Complete
Straight time
Annual Hydraulic
$160/month
Maintenance
Coverage
Test
TOTAL: 1 760.00/month
The price is based upon monthly in advance payment. In the event Purchaser chooses one of the following payment
options by initialing the selection below, a discount will apply asoutlined:
Payment Option
Discount
Revised Monthly Price
Acceptance
Annual In advance payment
5% Decrease
$1,672.00 per month
Quarterly In advance payment
2% Decrease
$1,724.80 per month
NOT TO EXCEED $75,000
PROPOSED SCOPE OF WORK:
7. SERVICES
Complete Maintenance - (Equipment included per table on page 1)
KONE will perform maintenance visits to examine, maintain, adjust, and lubricate the components listed below
In addition, KONE will repair or replace the components listed below, unless exclusion or limited scope
language exists elsewhere in this Agreement. All other work related to the equipment is Purchaser's
responsibility unless specifically noted elsewhere in this Agreement, or unless Purchaserhas separately
contracted with KONE for the work,
A. Hydraulic Elevators
t. Relay Logic Control System
All control system components.
2. Microprocessor Control System
All control system components. System performance examinations will be conducted to ensure that
dispatching and motion control systems are operating properly.
a. Power Unit
Pump, motor, valves, and all related parts and accessories.
a. Hoistway and Pit Equipment
All elevator control equipment and buffers.
s. Rails and Guides
Guide rails, guide shoe gibs, and rollers
s. Wiring
All elevator control wiring and all power wiring from the elevator equipment input terminals to the motor,
7. Door Equipment
Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door
protective devices, hoistway door interlocks, door gibs, and auxiliary door closing devices.
a. Manual Freight Door Equipment
Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and
counter -balancing equipment.
9. Power Freight Door Equipment
Controller, relays, contactors, rectifiers, timers, resistors, solid state components, door motors, retiring
cams, interlocks, switches, guide shoes, sheaves, rollers, chains, sprockets, and tensioning devices.
io. Hydraulic System Accessories
Exposed piping, fittings accessories between the pumping unitand the jack, jack packing, hydraulic
fluid, and any heating or cooling elements installed by the original equipment manufacturer ("OEM")
for controlling fluid temperature.
ii. Signals and Accessories
Car operating panels, hall push button stations, hall lanterns, emergency lighting, carand hall position
indicators, car operating panels, fireman's service equipment and all othersignals, and accessory
facilities fumished and installed as an integral part of the elevator equipment. Re-lamping of signal
fixtures is included only during KONE's maintenance visits. Service requests for re-lamping of signal
fixtures will be billed separately at KONE's then current labor rates.
iz. Car Equipment
All elevator control system components on the car.
2. HOURS OF SERVICE
All services described above in this Agreementwill be performed during the regular working hours of the regular
working days of the elevator or escalator trade in the location where the services are performed, unless
otherwise specified in the Agreement.
3. SERVICE REQUESTS (CALLBACKS)
Service requests are defined as services that require immediate attention and that are within the scope of
services and not excluded from the scope of services as provided below. Service requests outside the scope of
services will be billed separately at KONE's then current labor rates and material prices plus mileage and
incidentals. Any rates and lump sum amounts are not subject to audit. Service requests that require more than
one technician or more than two hours to complete will be treated as a repair and scheduled in accordance with
the Hours of Service section above. Purchaser agrees that KONE may perform service requests made by any
person that KONE believes is authorized by Purchaser to make such requests.
Regular Time Coverage - (Equipment coverage per the table on page 1)
In addition to the work described in the Scope of Services section, this Agreement covers requests for service
during the regularworking hours of the regular working days of the elevator trade.
Travel Time & Expenses
Purchaser will not be billed for travel time or expenses to and from the site for service requests covered
under the scope of work.
a. TESTS
KONE will perform the following tests on the equipment as per the table on page 1 of this Agreement. KONE is not
liable for any property damage or personal injury, including death, resulting from any test.
A pressure relief test and a yearly leakage test as required by applicable code.
s. EXCLUSIONS
The following are excluded from the scope of services:
A. GENERAL
i. KONE is not obligated to: removal of water or excessive debris from the pit: make replacements or
repairs necessitated by fluctuations in the building power systems, adverse machine room or
environmental conditions (including without limitation temperature variations below 50 degrees or
above 90 degrees Fahrenheit) or humidity greaterthan 95% relative humidity, prior water exposure,
rust, fire, explosion, acts of God, misuse, vandalism, theft, acts or mandates of government, labor
disputes, strikes, lockouts, ortampering with the equipment by any person otherthan a KONE
representative, negligence or acts or omissions of the Purchaser or any third party, or any other
cause beyond KONE's control,
z. KONE agrees to maintain the existing performance as designed and installed. KONE is not
required underthisAgreementto make changes in operation and/or control, subsequent to the
date of this Agreement.
a. Notwithstanding anything contained to the contrary within this Agreement, KONE's work shall not
include any abatement or disturbance of asbestos containing material (ACM), presumed asbestos
containing materials (PACM), or other hazardous materials (i.e. lead, PCBs) (collectively
"HazMat"). Any work in the affected area where reasonable precautions will be inadequate to
prevent foreseeable bodily injury ordeath to persons resulting from the HazMat is excluded from
KONE's scope of work without an applicable change order to reflect the additional costs and time.
In accordance with OSHA requirements, Purchaser shall inform KONE and its employees who will
perform work activities in areas which contain HazMat of the presence and location of HazMat in such
areas which may be contacted during work before entering the area, Other than as expressly
disclosed in writing, Purchaser warrants that KONE's work area at all times meets applicable OSHA
permissible exposure limits (PELs). KONE shall have the right to discontinue its work in any location
where suspected HazMat is encountered ordisturbed Any HazMat removal or abatement, or delays
caused by such, required in order for KONE to perform its work shall be Purchaser's sole
responsibility and expense. Afterany removal or abatement, Purchaser shall provide documentation
thatthe HazMat has been abated from the KONE work area and air clearance reports shall be made
available upon request priorto the start of KONE's work,
a. Nothing contained within this agreement shall be construed or interpreted as requiring KONE to
assume the status of an owner, operator, generator, storer, transporter, treater or disposal facility as
those terms appearwith in RC RA or any Federal or State statute or regulation governing the
generation, transportation, treatment, storage and disposal of pollutants. Purchasershall be
responsible to execute all waste manifests necessary to transport hazardous materials for disposal.
B. OBSOLESCENCE
i, Component may become obsolete during the term of this Agreement, Obsolete components are
not covered under this Agreement. KONEwill provide Purchaserwith a separate quotation forthe
price to replace obsolete components. Equipment modifications necessary to accommodate
replacement of obsolete components are at the Purchaser's expense.
z. Components include without I imitation any part, component, assembly, product, orfirmware or software
module. A component is obsolete when it can no longer be economically produced due to the
cessation of consistent sources for materials, a loss or termination of a manufacturing process occurs,
product reliability analysis shows that It is not economically feasible to continue to producethe
component, escalation of component costs beyond acceptable industry expectations drive alternative
equipment upgrades, the support of product safety programs or conformance to codes or standards
mandates that use of a component be discontinued in its entirety, the OEM designates the component
as obsolete, or such component has been installed 20 or more years, No exception to the above wil I
be made for a component designated as obsolete because it can be custom made or acquired at
any price. KONE will not be required to furnish reconditioned or used components. After the component
that replaces the obsolete component is installed, that component is covered under this Agreement
unless it becomes obsolete.
c. ELEVATOR
i. Refinishing, repairing,replacing, or cleaning of the: car enclosure; gates or door panels; door pull
straps; hoistway enclosure; rail alignment; hoistway doors; doorframes; sills; hoistway gates; flooring;
power feeders, switches, and their wiring and fusing; car light diffusers; ceiling assemblies and
attachments; smoke or heat sensors; fans; fireman's phone devices; intercoms; phone lines; music
systems; media displays; card -readers orothersecuritysystems; computer monitoring systems; light
tubes and bulbs; pit pumps; emergency power generators; hydraulic cylinder; unexposed piping; or
disposal or clean-up of waste oil or contamination caused by leaks in the hydraulic cylinder or
unexposed piping. KONE is not be obligated to perform or keep records of firefighter's service
testing, unless specifically included in this Agreement.
EXHIBIT C
NOTE., The City of Lodi Is now using the online Insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online Insurance program requesting you to forward the email to your
Insurance provlder(s) to submit the required Insurance documentation electronically
Inn u tt a Requirements for Coiletructlon Conligictti
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, empioyebs of subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising Injury with limits no less than
$2,000,000 per occurrence. If a general aggregate (knit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the
completed value of the project and no coinsurance penalty provisions.
5. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim.
Other lns nce Provisions:
(a) &d i 1Qt AI N, m d a tatus
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; iiijild CG 20 37 if a
later edition is used
(b) f'nmary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it
(c) Waiver_of_Subroualro:Contractor hereby grants to City of Lodi a waiver of any right to subrogatlon which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such Insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY of LORI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, Califomia, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the nroie�
that it is insuring.
(d) rabilb of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to
increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
Page 1 j of 2 pages �� Risk: rev. 3/1/2018
(e) jyQtire_of C-a_ncallatlon or. Change In Qoverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
(f) C41-1tinutly of GQverasre
All policies shall be in effect on or before the first day of the Tenn of this Agreement. At least thirty (30) days prior to the expiration
of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or
statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure tQ Comuiy
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then In effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and fate of interest. Contractor shall pay such reimbursement
and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of Insurance,
the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the
Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) VArJ atc tion 4f CQWn_rnrle
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required Insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(i) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The Policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(j) ln441rance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents,
representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement
In the Agreement for Contractor to procure and maintain a policy of insurance.
(k) %04tr's Risk (Course of Consirucslon) Insurance
Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall
name the City as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For
such projes:ts, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration,
conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater
shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or
destroyed during the performance of the Work, including during transit, installation, and testing at the City's site.
cat actors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(m) Cualiried Insurarfsi
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of
California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted
surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines
Insurers (LESLI list) and otherwise meet City requirements.
Page 2 1 of 2 pages
Risk; rev. 3/1/2018
Dedicated to People Flow'
October 28, 2020
City of Lodi
Various Lodi, California Locations
REFERENCE:
EFFECTIVE DATE
KONE
Sacramento
10151 Croydon Way, Suite 2
Phone: 916-719-0308
c ojm or. bac kis sly ky n e. cam
AGREEMENT FOR PROFESSIONAL SERVICES — KONE Elevator services price adjustment
2021 January 1s', 2021
Exhibit 2
Effective Jan 1, 2021, Kone will implement a 3.65% price increase for services rendered under the existing Elevator Maintenance
Agreement. City of Lodi will be exercising it's contractual option to extend the existing Elevator Maintenance Agreement through
December 31 2021. The new monthly price for services under this agreement shall be $1,824.24. All other terms and conditions of the
agreement will remain unchanged.
Agreed:
City of Lodi
(Signature of Authorized Representative)
(Print Name)
Title
Respectfully submitted,
Connor Backus
KONE Inc.
(Approved by) Authorized Representative
Title
Date Date
RESOLUTION NO. 2020-286
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER EXECUTE AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH KONE, INC., OF
SACRAMENTO, FOR MONTHLY INSPECTION AND
MAINTENANCE SERVICES OF ELEVATORS IN CITY FACILITIES
WHEREAS, the service contract provides ongoing elevator services for both regularly -
scheduled maintenance and on -demand repair services on 11 elevators located at City Hall,
Carnegie Forum, Police Facility, Lodi Station Parking Structure, City Hall Annex, and Hutchins
Street Square; and
WHEREAS, Amendment No. 1 will amend the current fee schedule and extend the term
of the agreement through December 31, 2021. No additional funds will be added; and
WHEREAS, staff recommends authorizing the City Manager to execute Amendment
No. 1 to the Professional Services Agreement with KONE, Inc., of Sacramento, for monthly
inspection and maintenance services of elevators in City facilities.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No.1 to the Professional Services
Agreement with KONE, Inc., of Sacramento, California, for monthly inspection and maintenance
services of elevators in City facilities, thereby amending the fee schedule and extending the
term of the agreement through December 31, 2021; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above -referenced document(s) that do not alter the compensation
or term, and to make clerical corrections as necessary.
Dated: December 2, 2020
--------------------
--------------------
I hereby certify that Resolution No. 2020-286 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held December 2, 2020 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Nakanishi, and Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
f,
JENNIFER-tUSMIR
City Clerk
2020-286